What is intellectual property law

One of the first things that you should know about when starting a business is all about intellectual property law. There are not many people that know and understand this aspect completely.

This is type of attorney is going to cover all legal issues that are involving property rights. Making sure that you are not in danger of overstepping any rights if you are a property owner. Or, that a property owner doesn’t ask you things to do that they aren’t allowed to do.

However, this type of attorney will not only be handling your property cases. There are a couple of other things that they can also offer you as a business owner.

Services that you can get from an Intellectual Property Litigation attorney

 
When you are hearing about an intellectual property litigation attorney, then the first thing that people are thinking is about property, and property law.
However, there are more to this type of attorney than just property law. They are also handling other business issues like handling research data, invention blueprints and other designs. It really depends on the type of business that you have, and why you might need to hire an attorney.

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Intellectual property law: Facts you need to know

So many people don’t have the knowledge about law to know that they should hire a certain lawyer for certain cases. And, that you as a business owner should make sure that you are familiar with all the different types of attorneys that you can hire.

This is why it’s essential that you and everyone that are considering starting their own businesses, should have as much legal knowledge as possible. And, this is also, why you should make sure that you are hiring the best attorney for your business as possible. These are some facts about intellectual property law that you should know about.

What is intellectual property law?

One of the first things that you should know about when starting a business is all about intellectual property law. There are not many people that know and understand this aspect completely.

This is type of attorney is going to cover all legal issues that are involving property rights. Making sure that you are not in danger of overstepping any rights if you are a property owner. Or, that a property owner doesn’t ask you things to do that they aren’t allowed to do.

However, this type of attorney will not only be handling your property cases. There are a couple of other things that they can also offer you as a business owner.

Services that you can get from an Intellectual Property Litigation attorney
When you are hearing about an intellectual property litigation attorney, then the first thing that people are thinking is about property, and property law.
However, there are more to this type of attorney than just property law. They are also handling other business issues like handling research data, invention blueprints and other designs. It really depends on the type of business that you have, and why you might need to hire an attorney.

Some intellectual property disputes that you might face

There are a couple of intellectual property disputes that you and your business might face, when it comes to property and businesses.

Some of the most common dispute that business is dealing with is copyright law disputes. This is where someone has copied and used work illegally, or against the company’s approval. This can have some serious consequences for both parties, the business and the person that haven’t agreed with the copyright law. And, this is why you should make sure that you are hiring the best intellectual property litigation attorney for your business.

Another example about one of these disputes that can be claimed is because of patent claims. This is where you patent a product, so that you and only you can make and sell it for a certain period of time. And, when someone “stole” the patent, you will need to have an experienced attorney to handle the patent claim for you. Or, you can be the one that accidentally uses the patent of someone else and didn’t check if there is already such a patent handed in. Then, you also might need this type of attorney to make sure that you are not being punished for something you didn’t know about.

When you are in the middle of an intellectual property law case
When it happened and you are in the middle of such a case, and you need to hire an attorney, you need to know exactly how to find the best attorney for you and your business.

There are a couple of these attorneys that you can find, but finding the best one is essential. When you have hired such an attorney, then you need to make sure that you are going to explain everything without lying and without leaving anything out. This is the only way that you can make sure that you are going to have the best case possible.

When it comes to Intellectual Property Law, you need to make sure that you are familiar with all the information about this aspect. This is the only way that you can make sure that you are going to get the right attorney that will make sure that the truth is coming out and that you and your business are protected. It is important to take the time and get as much information about intellectual property law as possible.

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LAW FIRM OF DAYREL SEWELL, PLLC

The LAW FIRM OF DAYREL SEWELL, PLLC is a New York City based law firm that understands that to make it here is to truly make it any where.  It is only fitting that our New York State and New York & New Jersey MSDC certified MBE law firm is founded by Attorney Sewell, who is proudly a genuine New Yorker.


Experienced New York Attorneys Insistent Upon Excellence


The practice of law is an art that takes many years to perfect. Over the years, this New York patent law firm is relentlessly in pursuit of perfection.  Our attorneys have built a reputation for excellence and client satisfaction in litigation, patents, trademark, copyright, pharmaceuticals, food & drug, healthcare, business law, real estate, and more. Attorneys at the LAW FIRM OF DAYREL SEWELL, PLLC have professional and/or academic experience at such esteemed institutions as Columbia University, Johns Hopkins University, Johns Hopkins University School of Medicine, and New York Presbyterian Hospital, to name a few. The majority of the firm’s attorneys have U.S. patent attorney registration, an additional Master Degree to complement their Juris Doctor degree, and possess large law firm experience.


‘On-paper’ and ‘off-paper’, we insist on excellence. Attorneys here are admitted to the Supreme Court of the United States, have appeared on CNN live international television, maintain superb peer and client ratings, possess legal and scientific journal publications, received Bar Association appointments, and many other honors.


The Difference Maker


Your business is our business, and we take that seriously.  While some firms might be comparable in talent, other firms do not mirror the drive, dedication, and desire of our attorneys to provide tailored, legal excellence to each and every client. Hard work is a given, but it is the intangibles that set us apart. This is what we do, we love what we do, and it shows.


We are the New York attorneys that clients from across the country call when there is a need for highly skilled legal representation. When it matters to you, you can’t afford to risk lackluster, legal representation, so don’t. We deliver results. You deserve the skillfulness and client commitment that our attorneys consistently provide. With over 40 years of experience, leadership positions in the New York legal community, excellent peer and client reviews, and a plethora of recognition, our New York law firm is honored to serve as your New York law firm.

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Patent Lawyer

If your business is made just in light of creating, promoting, and offering innovative products, you may need to search for an individual or firm who are based in and whose practice is exclusively centered on copyright and patents. And also, if your business is based on online publishing or pursuits, a legal advisor who ventures in First Amendment and data innovation law could be a valuable accomplice.

A patent lawyer is a lawyer who possesses the technical qualifications important for acting on client’s behalf in getting patent and representing clients in all matters and processes regarding patent law and practice, like charging an opposition. The term is utilized contrastingly in various nations, and thus could possibly require similar legal capabilities as a legal practitioner. 

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The Search For Equitable Remedies For Breach of Contract

In New York, for a legally enforceable agreement to exist at contract, the Plaintiff must establish an offer, acceptance of that offer, consideration moving between the parties, mutual assent, and intent to be bound.  See Kwalchuk v. Stroup, 61 A.D.3d 118, 121 (1st Dep’t 2009).  An Offer is defined as “…the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it” (see Restatement (Second) of Contracts §24).  “…(I)t must create a reasonable understanding in the offeree that the offeree has the power to create a contract by simply manifesting an assent to the offer…”  See Dr. John E. Murray, Jr., Corbin on Contracts (Desk Edition 2015) § 1.05.[2]  Acceptance of an Offer is a “…manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer…”  See Restatement (Second) of Contracts §50 (1).  Acceptance can be by performance or a promise to perform[1], if the offer invited such mode of acceptance.  Acceptance must be a voluntary act on the part of the offeree.  Consideration is the bargained for exchange moving between the parties.[2]  Generally, in an arms length bargain, the Courts will not inquire into the adequacy of consideration[3].  However, the bargained for exchange must move between the parties simultaneously, meaning generally, consideration must not be something done in the past, or something the party is already legally obligated to do[4].  Lastly, for an enforceable agreement to exist, it must meet the requirements of the Statute of Frauds.[5]

Breach of Contract

A Breach of contract occurs, when performance of the contractual obligations is due, but one or more of the parties to that contract fails to perform their obligations.  “…[A] contract is not breached until the time set for performance has expired…”  See Cole v. Macklowe, 64 A.D.3d 480, 480 [1st Dep’t 2009].  Alternatively, anytime before performance is due, if a party makes a clear, and unambiguous statement of an intent not to perform, or from that party’s conduct, it can be reasonably deduced that the party does not intend to perform, there is anticipatory breach of the contract.  The party to whom performance is due may have recourse to remedies at this point in time, not withstanding performance is due sometime in the future.[6]

Remedies

Generally, a party that suffers a loss due to a breach of contract may sue for remedies under patent law firm or equity.  The most common type of remedy under the law would be damages.  Providing it is foreseeable, the law will afford the aggrieved party monetary damages, the measure generally, being to put the aggrieved party in the position as if the contract had taken place.  See Restatement (Second) of Contracts §§ 344-352 et al.  If, on the other hand, the facts of the case dictate that damages are not feasible, equity may step in to afford what is known as an equitable remedy such as specific performance or injunction.  This is especially so in real property contracts, or contracts where the subject matter of the contract is a unique good.  It should be noted however that specific performance will not be available to compel individual performance of a contract due to constitutional issues that arises, specifically the 13th Amendment of the U.S. Constitution, thus varying somewhat from other common law jurisdictions.  See Vanderbilt University v. DiNardo, 174 F.3d 751 (6th Cir. 1999).

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Intellectual Property Litigation

LAW FIRM OF DAYREL SEWELL, PLLC twenty five years of success and skill in intellectual property litigation has systematically earned our team national recognition. whether or not through judicial proceeding within the courts or challenges at the government agency, we tend to partner with our shoppers to search out inventive solutions for his or her material possession problems at an inexpensive value.

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Angelina Jolie and The Supremes

The LAW FIRM OF DAYREL SEWELL, PLLC is pleased to announce that Mr. Sewell’s article, entitled “Unanimous U.S. Supreme Court and Angelina Jolie: BRCA1 & BRCA2 Patentability”, is a featured cover story in this month’s issue of Intellectual Property Today™. Featured articles emphasize developments in cutting edge technology and their effect on intellectual property law practice.

Since 1994, Intellectual Property litigation Today continues to be a leading, national law publication that focuses on legal issues in patent, trademark, and copyright law. You are encouraged to comment on this article and to receive free updates by subscribing to the firm’s Blog and Press Release sections. Thank you.

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Chairman Bar Association Highlight

The LAW FIRM OF DAYREL SEWELL, PLLC is pleased to announce that Mr. Sewell’s recent, featured publication, The Ignominious Patent Troll, also prominently appears in the year-end publication of the Brooklyn Barrister.

The Brooklyn Barrister is the official publication of the Brooklyn Bar Association. Dayrel looks forward to continuing his leadership roles as Chair of the Brooklyn Bar Association Intellectual Property Law Committee and Vice-Chair of the Brooklyn Bar Association Real Property Committee.

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Frontline Article from Frontline Law Firm

The LAW FIRM OF DAYREL SEWELL, PLLC is pleased to announce that Messrs. Sewell’s and Ng’s recent, featured publication, “A ‘Generic’ Victory for Specific Fact-Findings”, appears in this week’s IPFrontline newsletter (see hyperlink below).

IPFrontline is a web magazine about intellectual property litigation. The IPFrontline electronic newsletter lands in more than 15,000 e-mail boxes every week, ensuring timely delivery of top stories and articles appearing in IPFrontline online.

You are encouraged to comment and receive free updates by subscribing to the firm’s Blog and Press Release sections.

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Beginners guide to choosing a business lawyer

It doesn’t matter what type of business you might have, one thing that you should consider is having an attorney that can assist you with any legal issues that your business might encounter.

There are many business owners that don’t know how to choose the right business lawyer for their business, and therefor they are making a mistake by hiring someone that isn’t reliable. There are a couple of things any new business owner should consider, before making their final decision. Here is a beginner’s guide in choosing an attorney for your business.

Doing some research about attorney

The first thing that you need to do, is to make sure that you are researching and finding the patent law firm that is going to be the best for your business.

The one thing that we all know is that there are some attorneys that are not as reliable and trustworthy as what we hoped they be. And, because they are going to work closely with your business, you need to be able to trust your attorney. The only way to be able to know if you can trust him, is to do research and reading reviews about previous clients of the attorney.

Know what type of attorney you are going to need

There are many different advocates that you can hire for your business. One of these types of attorneys is the business litigation lawyer. You need to know exactly what type of advocate you are going to need, before you start looking for one.

If you can find one that has experience in more than one field, then you are going to make a good investment in hiring him. You will not need to worry that you might search for another attorney when your business is in trouble or if you have a lawsuit.

Ask around about the attorney other businesses are recommending

You can also ask around to other businesses to find out which business lawyer they are using. They should also be able to tell you if the attorney that they are using reliable and trustworthy is.

You can learn many things by just talking to other business owners. If you don’t know what type of attorney you might need, or where to find the best one, talking to other business owners might just assist you in making the final choice. You can’t go wrong if you are considering using one that another business has recommended to you. But, you still need to do some research before you can make the final decision.

For a new business owner, there are many things that he should consider. One of the first things that you as a business owner should find, is a business lawyer that can represent you in business transactions but also when your business is in trouble with a lawsuit or when you might face bankruptcy. The problem is that there are many attorneys that you can hire for your business, but you should make sure that you are hiring one that you can trust and rely on. In good time and in bad times. 

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Commercial Lease Parties Beware: Lessons from Tarrytown

Through a recent appellate court decision, New Yorkers were gravely reminded that the age-old commercial concept of “caveat emptor” – which is Latin for “buyer beware” – applies with equal force to those seeking commercial leases. Due diligence and factual investigation, it appears, are burdens naturally imposed on buyers and lessees alike.

On September 14, 2016, the Second Department of the New York Supreme Court, Appellate Division, decided 1357 Tarrytown Road Auto, LLC v. Granite Properties, LLC.[1] In this case, the plaintiff was a company that operated an automobile dealership (hereinafter, “Tarrytown”) which sought to expand its business by leasing additional property from the defendant (hereinafter, the “Landlord”) in the Town of Greenburgh, New York. After negotiation, the two parties entered into an agreement whereby the Landlord assigned an existing lease to Tarrytown. The agreement was finalized in July of 2013.

For the next two months, it was business lawyer as usual. In September, 2013, however, Tarrytown discovered that local law prohibited vehicles without license plates from parking on the leased premises (hereinafter, the “local ordinance”). Because Tarrytown intended to operate an automobile dealership on the premises, this local ordinance presented an unwelcome surprise as well as a serious obstacle. Tarrytown argued that the practice of parking cars without license plates on a dealership lot was “essential to the business of selling automobiles.”[2] Indeed, common sense would tend to support that argument.

Despite knowledge that Tarrytown intended to operate a car dealership on the premises, the Landlord had not disclosed the existence of this local law to Tarrytown during their lease negotiation, and the lease itself contained no mention of the local ordinance. The terms of the lease explained instead that provisions in the lease related to the parking of automobiles were subject to “any restrictions of local law, zoning, or ordinance.”[3] The relevant local ordinances were neither mentioned nor described in the lease outside of this generalized provision. Surprised and frustrated by its discovery, in September, 2013, Tarrytown asked the Landlord for a release from the Lease given the commercially frustrating nature of this local ordinance. The Landlord refused.

Tarrytown subsequently brought suit in New York supreme court against the Landlord seeking release from the lease. Specifically, it alleged that the Landlord fraudulently induced Tarrytown into signing the lease by refusing to disclose the local ordinance, and that the Landlord had breached an implied covenant of good faith and fair dealing by failing to disclose the ordinance. The Landlord brought a motion to dismiss Tarrytown’s complaint. The New York supreme court granted this motion to dismiss, but only in part, with respect to the cause of action alleging fraudulent inducement. The Landlord, believing that the supreme court erred by declining to dismiss the complaint in its entirety, and appealed the supreme court’s order.

On appeal, the Second Department ruled in favor of the Landlord, and found that the lower supreme court should indeed have dismissed Tarrytown’s complaint in its entirety. But why?

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The advantages of a litigation lawyer to an organization

There has been a major increment lately in the number of cases recorded by non-practicing entities. However, with the ascent of social media, organizations are increasingly worried about their ability to secure their trademarks, trade secrets and copyrights. In light of these patterns, organizations are more propelled than ever to protect their intellectual property. Nowadays, intellectual property can be a wellspring of both real income and considerable hazard. As encroachment and falsifying cases have turned out to be increasingly common, organizations have seen the potential costs required in securing their intellectual property rights.

Organizations require Intellectual property management strategy intended for maximum insurance. However, when case is unavoidable, they can likewise draw on professional intellectual property litigation team. Authorizing IP rights against encroachment regularly requires speedy and conclusive activity to secure injunctive alleviation and adroit promotion to recuperate fiscal harms. Professional litigation teams are known to be experienced in Patent encroachment, Post-grants review, Trademark encroachment and dilution, Trade dress assurance, unfair competition, and Copyright encroachment.

In the eminent stakes world of intellectual property litigation, whereby the innovation at issue can be unpredictable and complex, communication with the jury, judge or other neutral arbiter is essential. Most attorneys in the law firm are successful at imparting entangled ideas of truth and law in an unmistakable and influential way. They are at the front line of advising and contesting cases, and contriving imaginative legitimate techniques to help their clients secure their intellectual property and further their upper hand.

Nowadays in the legal environment, just a small rate of cases goes to trial. Along these lines, it is essential that you have counsel who is centered around your business targets and the most financially savvy method for accomplishing those goals. In the event that an inventive business resolution is all together, attorneys will dispute the case in a way that will drive the case along such resolution. A litigation lawyer is quite skilled in the means to second your side of a dispute to a judge to secure your rights and expand your chances of getting a good choice.

In a civil or commercial case, a litigation lawyer knows how to display your side of the argument in a way that boosts the possibility of getting a great result, paying little respect to whether you are bringing or safeguarding the case. This might be done in a court hearing or through some other dispute resolution components, for example, meditation and negotiation. The lawyer is your guide for exploring through all the Latin expressions and complex language you’ll discover in legitimate matters. This is one reason why professional one can be so useful and vital with regards to taking care of a lawful dispute.

However most civil cases do not go to trial, the trial is a definitive influence of a litigation lawyer since it is normally the first and the last opportunity to put forth your defense to a judge. It’s astonishing that the majority of prosecution is out of court, however great litigators dependably get ready for trial. Progressive business achievement and development in today’s worldwide economy increasingly rely on upon an organization’s capacity to protect invaluable Intellectual Property right.

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Services that Law Firm of Dayrel Sewell, Pllc has to offer

It is essential to know the services that a lawyer has to offer, before you hire anyone. This is to make sure that you are using the right lawyer with the right expertise. 

This is why you should know what services sewellnylaw has to offer. Then, you will know if they are the right lawyers to use, if you are in need of a business lawyer, or any type of lawyer. Here are some of the services that you can expect from this company:

Finding the best possible lawyer

It can be hard to find the best possible lawyer that you can trust, when you are searching for someone that has the necessary law experience that you need. 

If you are searching for any type of lawyer, you can go to sewellnylaw, They are making it easier to use a lawyer than before, and you don’t need to worry about searching for a great lawyer that will have your best interest at heart.

Business and corporate lawyer

If you are looking for a business or corporate lawyer, then you’re at the right place. At this company, you will find the right lawyer for any professional problems that you might need.

You might need to hire a business lawyer when you need to get a contract between you and your employees, or between you and a customer. No matter what type of business problem you have, you can count on their experience to find a solution for your corporate problem. 

Even, if you are searching for a business litigation lawyer, you will know that you are at the right place.

Real estate

Buying and selling a home without using agents, will mean that you need to hire a real estate lawyer that can handle the contracts between buyer and seller, and you need to pay the transfer fees if you’re buying a home. 

Finding a real estate lawyer that you can trust is hard, but using sewellnylaw will ensure that you’re using the best lawyers that you can find. Buying or selling a home is hard enough. You don’t need to worry about hiring a lawyer that has experience in real estate as well. They will ensure that everything is handled and that you don’t need to worry about anything when buying or selling your home.

It is important to make sure that you know the services of the law firm that you’re going to hire. And, this is the same when you’re considering using sewellnylaw. They are providing the best services, even has real estate lawyers. There are many companies that you can use for any law issues that you might have, but they are known as one of the best law firms that you can find online. 

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Intellectual Property Litigation

LAW FIRM OF DAYREL SEWELL, PLLC twenty five years of success and skill in intellectual property litigation has systematically earned  our team national recognition. whether or not through judicial proceeding within the courts or challenges at the government agency, we tend to partner with our shoppers to search out inventive solutions for his or her material possession problems at an inexpensive value.

Our intellectual property litigation team includes a broad vary of expertise altogether aspects of material possession judicial proceeding, including:

Patent law firm

Business lawyer

Litigation attorney

Litigation lawyer

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Intellectual Property Law

Mr. Sewell continuously distinguishes himself as a top litigation attorney. He has twice been selected by New York Super Lawyers as a “Rising Star” and is a honoree of The National Black Lawyers – Top 100. Additionally, he is recognized as “Superb” and a “TopLitigation Attorney” by the lawyer-rating service Avvo. Moreover, he has been prominently featured as a preeminent legal authority on CNN.

Attorney Sewell has several years of transactional experience as well as significant, state and federal litigation practice. Moreover, he is well-versed in prosecution matters before the United States Patent & Trademark Office and the United States Copyright Office. He has represented the spectrum of patent, trademark, and copyright owners, food and drug companies, business owners, non-institutional clients, and more. While at a top 100 law firm, Mr. Sewell’s foci were in the areas of litigation and intellectual property. Prior to large firm practice, he honed his skills in Manhattan at a litigation boutique that specialized in intellectual property, food & drug law, and litigation.

Mr. Sewell is also an alumnus of the distinguished Innocence Project at the Benjamin N. Cardozo School of Law. He drafted motions and briefs regarding reopening criminal cases and reversing convictions using DNA evidence. Ultimately, his efforts culminated in the exoneration of one of his clients. Dayrel also completed a legal internship at Bristol-Myers Squibb Company. While at Bristol-Myers, he gained patent litigation and prosecution experience through the Court of Appeals for the Federal Circuit litigation and training seminars, respectively. He also worked on several regulatory matters including corporate consultant agreements, conflicts of interest, clinical trials, and co-marketed pharmaceutical contracts.

To continuously expand his expertise, Attorney Sewell has several years of experience providing counsel and litigation representation to real estate entities and individuals. Mr. Sewell recognizes the systemic real estate crisis and its affects on both investors and individuals, and is well-prepared to continue to assist clients with the crisis’ persistent havoc that affects the millions of people involved.

Prior to law school—with academic, medical background, and practicum requirements being met—Mr. Sewell received his M.P.H. from Columbia University and was a Director for medical research studies in New York City. Dayrel received his B.A. from The Johns Hopkins University, majoring in both Natural Sciences and Public Health. Mr. Sewell has also found time to do pro bono work. Of note, Dayrel is proficient in Spanish.

For More Information Please Visit Site : https://sewellnylaw.com/dayrel-s-sewell

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Chairman Bar Association Highlight

The LAW FIRM OF DAYREL SEWELL, PLLC is pleased to announce that Mr. Sewell’s recent, featured publication, The Ignominious Patent Troll, also prominently appears in the year-end publication of the Brooklyn Barrister.

The Brooklyn Barrister is the official publication of the Brooklyn Bar Association. Dayrel looks forward to continuing his leadership roles as Chair of the Brooklyn Bar Association Intellectual Property Committee and Vice-Chair of the Brooklyn Bar Association real estate Attorneys  Property Committee.

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The National Black Lawyers – Top 100

The LAW FIRM OF DAYREL SEWELL, PLLC is pleased to announce that Dayrel S. Sewell, Esq. has been selected for inclusion into The National Black Lawyers – Top 100 Lawyers, an honor given to only a select group of lawyers for their superior skills and qualifications in the field.

The National Black Lawyers – Top 100 is an elite, professional honorary organization composed of the Top 100 Black Lawyers from each state who serve individuals, families and businesses needing attorneys to represent them in the American legal system. Only The Top 100 business lawyer from each state who are actively practicing in the select specialty practices are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and results as a legal professional. The selection process for this honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

The National Black Lawyers provides accreditation to distinguished attorneys, and also aims to provide essential legal news, information, and continuing education to lawyers across the United States.

With the selection of Dayrel S. Sewell, Esq. by The National Black Lawyers – Top 100, Dayrel has shown that he exemplifies superior qualifications, leadership skills, and client results. As The National Black Lawyers – Top 100 is an essential source of networking and information for attorneys throughout the nation, the final result of the selection process is a credible and comprehensive list of the most outstanding lawyers chosen to represent their state or region.

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Patent Troll Paying the Toll

In an exemplary ruling, the United States District Court for the Southern District of New York has ordered the so-called patent troll, Lumen View Technology, LLC (“Lumen”), to pay opposing party FindTheBest.com’s legal fees and other expenses under the fee-shifting provision of 35 U.S.C. § 285. See Lumen View Technology, LLC v. FindTheBest.com, Inc., 1:13-cv-3599 (DLC) (SDNY 2014).
Lumen filed suit against FindTheBest in May 2013 alleging FindTheBest infringed on a computer-implemented method patent that facilitated bilateral and multilateral decision-making. Lumen also filed more than twenty other similar patent infringement claims against various other technology companies during 2012 and 2013. FindTheBest quickly noticed the Lumen claim was a sham due to the fact that FindTheBest technology did not use a bilateral or multilateral decision-making process. The Southern District found Lumen’s suit to be without merit and dismissed the case in November 2013.
After the dismissal, FindTheBest petitioned the court to find Lumen’s suit one of an “exceptional case” under Section 285 and the recent Supreme Court ruling in Octane Fitness, LLC v.

In the April 2014 unanimous decision penned by Justice Sotomayor, the Supreme Court ruled that an “exceptional case” under § 285 is one that stands out from others with respect to a party’s litigating position, considering the law and the facts of the case, or the unreasonable manner in which the case was litigated. See Octane Fitness, LLC, 134 S. Ct. at 1756.
The Court found the previous standard in Brooks Furniture Manufactuirng, Inc. v. Dutailier Int’l, Inc., 393 F. 3d 1378 (2005), to be overly restrictive and one that hampered the statutory grant of discretion given to the courts under Section 285. Section 285 imposes only one constraint on a district court’s discretion to award fees, one of “exceptional” cases. In Brooks, a case could only be deemed exceptional when there was material inappropriate conduct, or when parties brought cases in subjective bad faith and were objectively baseless. The Court found this framework to be inconsistent with the text of Section 285.
In step with the Supreme Court’s Octane decision, the Southern District found Lumen’s patent infringement suit to fall under the “exceptional case” standard. As such, the Southern District of New York granted FindTheBest’s motion and found the suit to be a “prototypical exceptional case” shifting payment of FindTheBest’s case fees to Lumen.

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